EGR17 v Minister for Immigration

[2019] FCCA 2875

FEDERAL CIRCUIT COURT OF AUSTRALIA

EGR17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 2875

Catchwords:
MIGRATION – Where no appearance by applicant – where applicant had signed acknowledgement form citing court date – where applicant had acknowledged receipt of respondents’ materials and court books – where applicant had failed to answer his telephone – application dismissed with costs.

Legislation:

Federal Circuit Court Rules 2001 (Cth)

Applicant: EGR17

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES & MULTICULTURAL AFFAIRS

Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY

File Number: ADG 390 of 2017

Judgment of: Judge Young

Hearing date: 16 September 2019

Date of Last Submission: 16 September 2019

Delivered at: Darwin

Delivered on: 16 September 2019

REPRESENTATION

The Applicant: No appearance

Counsel for the First Respondent: Mr Chan

Solicitors for the First Respondent: Sparke Helmore Lawyers

ORDERS

1. The application filed 22 September 2017 be dismissed.

2. The first respondent henceforth be referred to as “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.

3. The applicant pay the first respondent’s costs in the fixed amount of $5,000.

4. That in accordance with rule 16.05 of the Federal Circuit Court Rules 2001 the applicant has liberty to apply to set aside the orders made today on filing and serving an application and affidavit setting out his reasons for wanting the orders set aside and explaining his non-attendance at court today within 28 days of receipt by him of a sealed copy of these orders.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

ADG 390 of 2017

EGR17

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES & MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

Ex-Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is an application for judicial review. The matter was set down for hearing on or about 22 June 2018 when the applicant signed the acknowledgment form acknowledging or recognising that the matter was set down for hearing today at 10.15 am in Adelaide. 

3. I am hearing the application by video while I sit in Darwin.

4. Mr Chan for the Minister told me that on 11 September a letter was sent to the applicant informing him of the hearing date and enclosing the court book. Mr Chan also told me that the most recent telephone number he has, which is apparently the number appearing on the acknowledgment form, which is exhibit R1, is the same number as that appearing on the application.

5. I have also had my deputy associate telephone that number. He telephoned before I came down to the bench and also telephoned that number while I was in court.  On both occasions he told me the call went through to message bank. 

6. So the absence of the applicant today is unexplained.

7. I will make an order pursuant to rule 13.03C dismissing the application

8. I make the orders encompassed at the end of the First Respondent’s submissions regarding the change of name of the Minister

9. I order the Applicant to pay the First Respondent’s costs fixed in the sum of $5,000.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Young

Associate: 

Date:       9 October 2019